Florida Statutes 601.04 – Florida Citrus Commission; creation and membership
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(1)(a) There is created within the department the Florida Citrus Commission, which shall be composed of 11 members appointed by the Governor. Each member must be a resident of this state who is and has been actively engaged in the growing, growing and shipping, or growing and processing of citrus fruit in the state for at least 5 years immediately before appointment to the commission and has, during that 5-year period:
1. Derived a major portion of her or his income from such growing, growing and shipping, or growing and processing of citrus fruit; or
2. Been the owner of, member of, officer of, or paid employee of a corporation, firm, or partnership that has, during that 5-year period, derived the major portion of its income from such growing, growing and shipping, or growing and processing of citrus fruit.
Terms Used In Florida Statutes 601.04
- Citrus fruit: means all varieties and regulated hybrids of citrus fruit and also means processed citrus products containing 20 percent or more citrus fruit or citrus fruit juice. See Florida Statutes 601.03
- Citrus fruit dealer: means any consignor, commission merchant, consignment shipper, cash buyer, broker, association, cooperative association, express or gift fruit shipper, or person who in any manner makes or attempts to make money or other thing of value on citrus fruit in any manner whatsoever, other than of growing or producing citrus fruit. See Florida Statutes 601.03
- Citrus producing area: means that part or parts of the state in which citrus fruit is grown or produced. See Florida Statutes 601.03
- Commission: means the Florida Citrus Commission as head of the department. See Florida Statutes 601.03
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Department: means the Department of Citrus. See Florida Statutes 601.03
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Handler: means any person engaged within this state in the business of distributing citrus fruit in the primary channel of trade or any person engaged as a processor in the business of processing citrus fruit. See Florida Statutes 601.03
- Legislative session: That part of a chamber's daily session in which it considers legislative business (bills, resolutions, and actions related thereto).
- Packinghouse: means any building, structure, or place where citrus fruit is packed or otherwise prepared for market or shipment in fresh form. See Florida Statutes 601.03
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Person: means any natural person, partnership, association, corporation, trust, estate, or other legal entity. See Florida Statutes 601.03
- Processor: means any person engaged within this state in the business of canning, concentrating, or otherwise processing citrus fruit for market other than for shipment in fresh fruit form. See Florida Statutes 601.03
- Quorum: The number of legislators that must be present to do business.
- shipping: means to move, or cause to be moved, citrus fruit or the canned or concentrated products thereof in intrastate, interstate, or foreign commerce by rail, truck, boat, airplane, or any other means. See Florida Statutes 601.03
(b)1. Seven members of the commission shall be classified as grower members and shall be primarily engaged in the growing of citrus fruit as an individual owner; as the owner of, or as stockholder of, a corporation; or as a member of a firm or partnership primarily engaged in citrus growing. Such members may not receive any compensation from any licensed citrus fruit dealer or handler, as defined in s. 601.03, other than gift fruit shippers, but any of the grower members may not be disqualified as a member if, individually, or as the owner of, a member of, an officer of, or a stockholder of a corporation, firm, or partnership primarily engaged in citrus growing which processes, packs, and markets its own fruit and whose business is primarily not purchasing and handling fruit grown by others.
2. Three members of the commission shall be classified as processor members and shall be engaged as owners, or as paid officers or employees, of a corporation, firm, partnership, or other business unit engaged in canning, concentrating, or otherwise processing citrus fruit for market other than for shipment in fresh fruit form.
3. One member shall be classified as a packer member and shall be engaged as an owner, or as a paid officer or employee, of a corporation, firm, partnership, or other business unit that operates as a packinghouse as defined in s. 601.03. The member shall reside in the Indian River production area of this state as defined in s. 601.091(2).
4. For purposes of this section, a member’s residence is his or her actual physical and permanent residence.
(2)(a) One grower member shall be appointed from each of the citrus districts designated in s. 601.09. Each member must reside or grow citrus in the district from which she or he was appointed.
(b) One grower member shall be a grower with a citrus producing area of more than 5,001 acres. The grower must reside and grow citrus in this state.
(c)1. Members shall be appointed to terms of 3 years each, except that, to establish staggered terms of members from each citrus district, the terms of members appointed before July 1, 2022, shall be as follows:
a. The terms of two grower members and one packer member shall expire June 30, 2022, and their successors shall be appointed to terms beginning July 1, 2022, and expiring May 31, 2025.
b. The terms of two grower members and one processor member shall expire June 30, 2023, and their successors shall be appointed to terms beginning July 1, 2023, and expiring May 31, 2026.
c. The terms of two grower members and one processor member shall expire June 30, 2024, and their successors shall be appointed to terms beginning July 1, 2024, and ending May 31, 2027.
2. One grower member and one processor member shall be appointed on or after July 1, 2022, with terms ending May 31, 2025.
3. Subsequent appointments shall be made in accordance with this section.
Appointments shall be made by February 1 preceding the commencement of the term and are subject to confirmation by the Senate in the following legislative session. Each member is eligible for reappointment and shall serve until her or his successor is appointed and qualified. The regular terms begin on June 1 and expire on May 31 of the third year after such appointment.
(d) When appointments are made, the Governor shall publicly announce the actual classification and district that each appointee represents. A majority of the currently appointed members of the commission constitutes a quorum for the transaction of all business and the carrying out of the duties of the commission. Before entering upon the discharge of their duties as members of the commission, each member shall take and subscribe to the oath of office prescribed in Fla. Const. Art. II, § 5. The qualifications and classification required of each member by this section continue to be required throughout the respective term of office, and if a member, after appointment, fails to meet the qualifications or classification that she or he possessed at the time of appointment, the member must resign or be removed and be replaced with a member possessing the proper qualifications and classification.
(e) When making an appointment to the commission, the Governor shall announce the district, classification, and term of the person appointed.
(3)(a) The commission shall elect a chair and secretary and may elect a vice chair and such other officers as the commission deems advisable.
(b) The chair, subject to commission concurrence, may appoint such advisory committees or councils composed of industry representatives as the chair deems appropriate, setting forth the committee or council concerns that are consistent with the statutory powers and duties of the commission and the department.